Terms of Use

1. Agreement and eligibility

These Terms of Use (Terms) form an agreement between you and Auto Services Group Pty Ltd (ABN 47 162 065 581), trading as Gomanen Challenge (Gomanen, we, us or our). They apply when you access or use our website, customer portal, related application programming interfaces and the Gomanen Shirube mobile app (together, the Software Services).

By creating an account, selecting an acceptance control or continuing to use an authenticated Software Service after these Terms are presented, you agree to them. You must accept the current Terms before you create or upload user-generated content in Shirube. If you do not agree, do not use the authenticated Software Services or upload content.

You must be at least 18 years old and legally capable of entering this agreement to create an account or use Shirube. Separate eligibility rules may apply to a particular Challenge.

2. Software service boundaries

These Terms govern only the Software Services. They do not set the commercial, booking, payment, refund, cancellation, participation, conduct, vehicle, itinerary, accommodation, insurance or operational conditions of a Gomanen Challenge. Those matters are governed by the separate Challenge Terms and Conditions, challenge-specific notices and other agreements presented during application or booking.

If these Terms and Challenge Terms and Conditions address the same matter inconsistently, the Challenge Terms and Conditions control the Challenge’s commercial and operational aspects, and these Terms control use of the Software Services. Our Privacy Policy separately explains how we handle personal information.

3. Accounts and access

You must provide accurate, current information, keep your sign-in credentials and devices reasonably secure, and promptly tell us about suspected unauthorised access. Your account is personal to you. You must not sell, transfer, share or allow another person to impersonate you through it.

You are responsible for activity performed through your account unless it results from our failure to use reasonable security safeguards. We may require identity or account verification, revoke sessions or temporarily restrict access where reasonably necessary to protect users, the Software Services or the business.

4. Software licence and intellectual property

While you comply with these Terms, Gomanen grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Software Services on devices you own or control for their intended purpose. We and our licensors retain all rights not expressly granted.

The Software Services, design, code, text, graphics, branding, trade marks, databases and Gomanen-provided content are owned by or licensed to us and are protected by intellectual property laws. You may not copy, distribute, sell, lease, reverse engineer, decompile, attempt to extract source code, create derivative works from or commercially exploit them, except where applicable law does not permit that restriction.

If you provide feedback or suggestions, you grant us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free licence to use them without restriction or payment, without identifying you unless we agree otherwise.

5. Gomanen Shirube and safety

Shirube is optional. It is provided to support safety coordination, communication, group bonding and the overall experience before, during and after a Challenge. You sign in using your Gomanen account and may choose to share GPS location, device information, messages, safety updates and uploaded media as described in our Privacy Policy.

Shirube is not an emergency service. It does not replace local emergency services, official instructions, road rules, ordinary care or your own judgement. In an emergency, contact the emergency services for your current location as soon as it is safe and possible.

Location, maps, routes, notifications, messages and safety status information may be delayed, inaccurate, incomplete or unavailable because of device settings, battery state, connectivity, satellite reception, provider outages or other factors. Never operate Shirube in a way that distracts you while driving, and do not rely on it as your only means of navigation, communication or obtaining help.

6. User-generated content and conduct

Participants must not use Shirube to post or share content that is unlawful, threatening, harassing, hateful, discriminatory, sexually explicit or exploitative, deceptive, spam, invasive of another person’s privacy, infringing of another person’s rights, or encouraging dangerous conduct. Gomanen may remove content and restrict or terminate access where these Terms are breached. Participants can report objectionable content or users and block other users within Shirube.

We have zero tolerance for content or conduct involving child sexual abuse and exploitation, grooming, sexualisation of minors, trafficking, credible threats, targeted bullying or instructions intended to cause serious harm. We may preserve and report relevant information to law enforcement or child-safety authorities where required or appropriate.

You must not upload content without the rights and permissions needed to share it, expose another person’s precise location or sensitive information without authority, impersonate another person, manipulate reports, evade a block or suspension, or use Shirube to solicit unlawful activity.

7. Filtering, reports, blocking and moderation

We may use automated and manual moderation, including filters intended to prevent or identify objectionable material. These measures are not perfect and do not mean that we approve, endorse or pre-screen every message or upload.

You can use Shirube’s in-app controls to report objectionable messages, content or users and to block another user. We will review reports within a reasonable and timely period, having regard to urgency, safety and available information. You can also report a concern through our support and contact page.

Where reasonably necessary, we may hide or remove content, warn a user, limit a feature, restrict or terminate access, preserve evidence, or refer a matter to an appropriate authority. A user block may not suppress an urgent safety alert that the Software Services treat as operationally important. If you believe moderation action was mistaken, you may contact us with the relevant details for review.

8. Your content and licences

You retain ownership of your content. To operate Shirube, you grant Gomanen a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transcode, resize, communicate, display and distribute your content to the audience you select, and to review, moderate or remove it. This licence includes allowing our service providers to perform those activities for us and continues only for as long as reasonably needed to provide the service, meet retention obligations or manage protected backups.

By uploading content to Shirube, you also acknowledge and consent to its use for Gomanen Challenge marketing and promotional purposes and grant Gomanen a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, adapt, publish, communicate and display that content on our websites, social media, email, printed materials and advertising. To the extent permitted by law, you consent to reasonable cropping, editing, formatting and use with captions or other material for those purposes, including without naming you as author.

You confirm that you own the content or have all permissions needed to share and license it, including permission relating to identifiable people. You may ask us to stop new marketing uses. We may not be able to retract material already published or distributed, and other participants may retain content they were authorised to view.

9. Acceptable use

You must comply with law and must not misuse the Software Services. In particular, you must not:

• gain or attempt to gain unauthorised access to an account, system, data, private media or challenge audience;
• introduce malware, exploit a vulnerability, disrupt availability, overload an endpoint, bypass a security or safety control, or interfere with another user;
• scrape, harvest, monitor or use automated means to collect content, personal information or location data without our written permission;
• use another participant’s location, messages or media for stalking, harassment, surveillance, doxxing or an unrelated commercial purpose;
• misrepresent an urgent safety status, submit a knowingly false report, or encourage unsafe driving or other dangerous conduct; or
• use the Software Services in a way that infringes intellectual property, privacy, publicity, confidentiality or other rights.

10. Privacy and permissions

Our Privacy Policy explains what information the Software Services collect, how it is used and shared, retention, security, account deletion and your choices. It forms part of the context in which these Terms operate but does not reduce any rights you have under privacy law.

You control optional device permissions such as location, notifications, camera, microphone and media access through Shirube and your operating-system settings. Refusing or withdrawing a permission may make the associated feature unavailable.

11. Challenge applications, payments and documents

The portal may allow you to apply for a Challenge, make payments, receive invoices, sign or upload documents and view booking information. Those functions help administer real-world Challenge services. Prices, deposits, payment dates, refunds, cancellations and participation rights are governed by the applicable Challenge Terms and Conditions and payment-provider terms, not by this software licence.

Apple and Google do not sponsor, operate or accept responsibility for a Gomanen Challenge or a payment for those real-world services.

12. Third-party services, availability and updates

The Software Services depend on third parties for hosting, storage, maps, payments, notifications, communications, security and diagnostics. Your use of their products may also be subject to their terms. We are not responsible for third-party products beyond the responsibility that applicable law places on us.

We may release updates, change features, correct errors or discontinue a feature for operational, legal, security or safety reasons. We will give reasonable notice of a material reduction where practical. You are responsible for a compatible device, current software, internet or mobile service and any carrier charges.

13. Account deletion, suspension and termination

You may initiate an Account deletion request through the portal, through Shirube where that option is available, or by contacting us. You may make the request at any time.

We will not complete deletion in the operational lead-up to, or during, a Challenge for which you are a paying customer. During that period the account is needed for booking administration, payments, safety, access and communications. We will explain the hold and action the request after the Challenge and immediate operational follow-up are complete. Information that must reasonably be retained for business, tax, insurance, safety, fraud prevention, disputes or legal compliance is handled as described in our Privacy Policy.

We may suspend or terminate access, revoke sessions or remove content where you materially or repeatedly breach these Terms, create a safety or security risk, misuse another person’s information, or where action is required by law or a platform provider. Where practical and appropriate, we will explain the reason and provide a way to contact us. Clauses that by their nature should continue after termination, including intellectual property, content licences for existing uses, consumer rights and governing law, continue to apply.

14. Australian Consumer Law, warranties and liability

Subject to those non-excludable rights, the Software Services are provided on an “as available” basis. We do not promise that every feature will be uninterrupted, error-free, continuously available or suitable as the sole tool for safety, navigation or communication.

To the maximum extent permitted by law, we are not responsible for loss caused by your breach of these Terms, unlawful or unsafe use, inaccurate information you provide, failure to follow safety instructions, your device or connectivity, or a third-party service outside our reasonable control. This does not exclude responsibility that the law requires us to bear.

15. Additional Apple App Store terms

If you obtain Shirube through Apple’s App Store, the following additional terms apply:

• These Terms are between you and Gomanen only. Apple is not a party to these Terms, and Gomanen, not Apple, is solely responsible for Shirube and its content.
• Gomanen grants you a non-transferable licence to use Shirube on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including permitted Family Sharing or volume purchasing.
• Gomanen is responsible for maintenance and support required by these Terms or applicable law. Apple has no obligation to provide maintenance or support for Shirube.
• If Shirube fails to conform to an applicable warranty, you may notify Apple and Apple will refund any purchase price paid for Shirube. To the maximum extent permitted by law, Apple has no other warranty obligation, and Gomanen is responsible for other warranty claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty.
• Gomanen, not Apple, is responsible for addressing product liability, regulatory, consumer protection, privacy and other claims relating to Shirube, and for investigating, defending, settling and discharging a claim that Shirube infringes a third party’s intellectual property rights.
• You represent that you are not located in a country subject to a United States Government embargo or designated by it as supporting terrorism, and that you are not on a United States Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms when using Shirube, including your mobile carrier and data-service terms.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, when you accept them, Apple may enforce these Terms against you as a third-party beneficiary.

16. Additional Google Play terms

If you obtain Shirube through Google Play, these Terms are between you and Gomanen only. Google is not a party to these Terms and is not responsible for Shirube, its content, maintenance, support or claims relating to it. Gomanen grants you a limited, non-transferable licence to install and use Shirube on compatible Android devices that you own or control and that are associated with your Google account, subject to the Google Play Terms of Service and these Terms.

If Google Play terms and these Terms conflict about your use of Google Play itself, the Google Play terms control that platform relationship. Your statutory consumer rights remain unaffected.

17. Changes, governing law and contact

We may update these Terms when the Software Services, platform rules or law change. We will publish the current version at this URL and provide additional notice before a material change takes effect where reasonably practical. We may require renewed acceptance before further authenticated use or before you upload more content. Changes do not retrospectively remove rights or remedies that have already accrued.

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. The courts of South Australia have non-exclusive jurisdiction. This clause does not deprive you of a non-excludable right to bring a claim in another forum.

If a provision is invalid or unenforceable, it is read down to the minimum extent necessary and the remaining provisions continue. A delay in enforcing a right is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a business restructure or transfer of the Software Services, provided your rights are not materially reduced.